[Federal Register Volume 73, Number 244 (Thursday, December 18, 2008)]
[Rules and Regulations]
[Page 76847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30106]



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  Federal Register / Vol. 73, No. 244 / Thursday, December 18, 2008 / 
Rules and Regulations  

[[Page 76847]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 531

RIN 3206-AK88


Changes in Pay Administration Rules for General Schedule 
Employees; Correction

AGENCY: U.S. Office of Personnel Management.

ACTION: Correcting amendment.

-----------------------------------------------------------------------

SUMMARY: The U.S. Office of Personnel Management issued final 
regulations on pay setting rules for General Schedule employees on 
November 7, 2008 (73 FR 66143). This correcting amendment clarifies an 
instruction.

DATES: Effective on December 18, 2008.

FOR FURTHER INFORMATION CONTACT: Carey Jones, (202) 606-2858.

SUPPLEMENTARY INFORMATION:

Background

    As published, the final regulation omitted a definition name in an 
amendatory instruction for Sec.  531.203. This correcting amendment 
adds that name to the instruction so that the definition is properly 
revised in the CFR.

List of Subjects in 5 CFR Part 531

    Government employees, Law enforcement officers, Wages.

U.S. Office of Personnel Management.
Jeanne Jacobson,
Manager, Pay Administration Group.

0
Accordingly, 5 CFR part 531 is corrected by making the following 
correcting amendments:

PART 531--PAY UNDER THE GENERAL SCHEDULE

0
1. The authority citation for part 531 continues to read as follows:

    Authority: 5 U.S.C. 5115, 5307, and 5338; sec. 4 of Public Law 
103-89, 107 Stat. 981; and E.O. 12748, 56 FR 4521, 3 CFR, 1991 
Comp., p. 316; Subpart B also issued under 5 U.S.C. 5303(g), 5305, 
5333, 5334(a) and (b), and 7701(b)(2); Subpart D also issued under 5 
U.S.C. 5335(g) and 7701(b)(2); Subpart E also issued under 5 U.S.C. 
5336; Subpart F also issued under 5 U.S.C. 5304, 5305, and 5338; and 
E.O. 12883, 58 FR 63281, 3 CFR, 1993 Comp., p. 682 and E.O. 13106, 
63 FR 68151, 3 CFR, 1998 Comp., p. 224.


0
2. In Sec.  531.203, revise the definitions of position of record, rate 
of basic pay, special rate, and special rate supplement to read as 
follows:


Sec.  531.203  Definitions.

* * * * *
    Position of record means an employee's official position (defined 
by grade, occupational series, employing agency, LEO status, and any 
other condition that determines coverage under a pay schedule (other 
than official worksite)), as documented on the employee's most recent 
Notification of Personnel Action (Standard Form 50 or equivalent) and 
current position description. A position to which an employee is 
temporarily detailed is not documented as a position of record. For an 
employee whose change in official position is followed within 3 
workdays by a reduction in force resulting in the employee's separation 
before he or she is required to report for duty in the new position, 
the position of record in effect immediately before the position change 
is deemed to remain the position of record through the date of 
separation.
* * * * *
    Rate of basic pay means the rate of pay fixed by law or 
administrative action for the position held by a GS employee before any 
deductions, including a GS rate, an LEO special base rate, a special 
rate, a locality rate, and a retained rate, but exclusive of additional 
pay of any other kind. For the purpose of applying the maximum payable 
rate rules in Sec. Sec.  531.216 and 531.221 using a rate under a non-
GS pay system as an employee's highest previous rate, rate of basic pay 
means a rate of pay under other legal authority which is equivalent to 
a rate of basic pay for GS employees, as described in this definition, 
excluding a rate under Sec.  531.223. (See also 5 CFR 530.308, 531.610, 
and 536.307.)
* * * * *
    Special rate means a rate of pay within a special rate schedule 
established under 5 CFR part 530, subpart C, or a similar rate for GS 
employees established under other legal authority (e.g., 38 U.S.C. 
7455). The term special rate does not include an LEO special base rate 
or an adjusted rate including market pay under 38 U.S.C. 7431(c).
* * * * *
    Special rate supplement means the portion of a special rate paid 
above an employee's GS rate. However, for a law enforcement officer 
receiving an LEO special base rate who is also entitled to a special 
rate, the special rate supplement equals the portion of the special 
rate paid above the officer's LEO special base rate. When a special 
rate schedule covers both LEO positions and other positions, the value 
of the special rate supplement will be less for law enforcement 
officers receiving an LEO special base rate (since that rate is higher 
than the corresponding GS rate). The payable amount of a special rate 
supplement is subject to the Executive Schedule level IV limitation on 
special rates, as provided in 5 CFR 530.304(a).
* * * * *

[FR Doc. E8-30106 Filed 12-17-08; 8:45 am]
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